Texas Family Law for the practitioner, covering Conservatorship and Guardianship, premarital agreements, divorce, custody issues, spousal support, grounds, and valuing community assets. Includes sample petitions and motions, including initial attorney-client documents, as well as references to the most current State Bar CLE materials, legal periodicals, and ALR Annotations.

Resources at the State Law Library

Below are some of the library resources that can provide further guidance on this topic. The Texas State Law Library has many other resources in addition to the highlights we present below. Please call us at (512) 463-1722 if you have any questions about these materials.

Beginning with section 117 of the FAMLAW chapter, Texas Jurisprudence provides a general overview of community and separate property law. Footnotes direct the reader to additional resources, statutes, and case law.

Community Property

Texas is one of nine states that is a community property jurisdiction. In general, this means that any property acquired by a couple during their marriage (with a few exceptions) is equally owned by both spouses. This can have a profound effect on the dissolution of property during divorce proceedings. The information on this page will give you a general overview of community property law in Texas and give you a good starting point for your research.

Texas Law

Below you will find references to areas of the Texas Family Code that govern community property and issues related to community property. If you find these statutes difficult to understand, you may want to look at the "plain English" resources on this page or speak to an attorney.

Written by attorney Diane M. Wanger, this article gives definitions for various terms relevant to understanding community property.

Community Property and Debts

In many community property jurisdictions, debts incurred during the marriage are presumed to be the joint responsibility of both spouses. However, Texas laws on this subject are a little more complicated. The resources below explain the legal issues that must be considered when determining responsibility for a debt. If you have questions about a specific situation, please contact an attorney for legal advice.

The information provided on this page has been prepared for general information purposes only and should not be construed as, nor substituted for, legal advice. It is strongly recommended that you contact an attorney for advice specific to your fact situation. Your local bar association or the State Bar of Texas Lawyer Referral Information Service (1-800-252-9690) can assist you with locating an attorney.

Some of the electronic resources we refer to in this guide may be in PDF format. Adobe Reader or similar software is required to view PDFs.

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